Police v Lealiifano [2016] WSSC 55 (13 April 2016)

SUPREME COURT OF SAMOA
Police v Lealiifano [2016] WSSC 55

Case name:	Police v Lealiifano
Citation:	[2016] WSSC 55
Decision date:	13 April 2016
Parties:	POLICE v KOME LEALIIFANO of Sataua Savaii and Elise Fou and RIAZ TUI LANU of Papauta
Hearing date(s):	13 April 2016
File number(s):	S127/16
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	CHIEF JUSTICE SAPOLU
On appeal from:
Order:	- I have decided to impose terms of community supervision. Each of the accused is sentenced to 6 months community supervision and ordered to perform 20 hours community service.
Representation:	M P Chang for prosecution Accused in persons
Catchwords:	Sentence – causing actual bodily harm with intent – maximum penalty – aggravating and mitigating features
Words and phrases:
Legislation cited:	Crimes Act 2013 s.119 (1)
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

FILE NO: S127/16

BETWEEN

P O L I C E
Prosecution

A N D

KOME LEALIIFANO of Sataua Savaii and Elise Fou and RIAZ TUI LANU of Papauta.
Accused

Counsel:
M P Chang for prosecution
Accused in persons

Sentence: 13 April 2016

S E N T E N C E

1. The accused Kome Lealiifano is a 23 old male of Sataua, Savaii, and Elise Fou. The accused Riaz Tui Lanu is a 19 year old male of Papauta. Both accused are jointly charged with one charge of causing actual bodily harm with intent, contrary to s.119 (1) of the Crimes Act 2013, which carries a maximum penalty of 7 years imprisonment. To the charge, the accused pleaded guilty at the earliest opportunity.
2. According to the prosecution’s summary of facts, on Friday 16 January 2016 around 1.30am, the victim, a 32 year old male of Elise Fou, the accused, and other village people were drinking alcohol at Elise Fou. The accused told the Court that there were six of them drinking a large bottle of vodka. When the victim fell drunk, he went home and slept inside his faleo’o (Samoan hut). About half an hour later, the two accused entered the victim’s faleo’o and assaulted the victim by punching him in the stomach and face. The victim sustained a bleeding nose, sore jaw, and a 2cm cut on his left ear and upper lip. A neighbour who heard the victim screaming ran over to the victim’s faleo’o and helped him. The accused Kome told the Court and the probation service that on the night in question they were celebrating the birthday of his female cousin. During the drinking session, he saw his cousin crying. When he asked her why she was crying, she replied that the victim had come to the back of the house and asked her to make love to him. This angered Kome who was already intoxicated. So he went with the accused Riaz and beat up the victim inside his faleo’o.
3. Both accused are single and unemployed. Kome completed secondary school and then stayed home at Sataua and helped out with his family’s plantation and cattle farm. He has never had any formal employment. At the time of this offending, he was staying with relatives at Elise Fou. After this offending, he returned to Sataua where he is now staying with his parents.
4. Kome is a first offender. He expressed deep remorse to the probation service for his actions. His sister has also apologised to the victim. His aunty told the probation service that Kome is a supportive and reliable member of their family. Kome’s village catechist at Sataua says in his character testimonial that Kome is a dependable person and is his right hand in the youth activities of the church. The character testimonial from the pulenuu of Sataua shows Kome as a humble, well liked, and dependable person within his family, his church, and his village. He is also well behaved and has not breached any village regulation. Kome has also completed the 6 weeks education program of the Alcohol and Drugs Court.
5. The accused Riaz finished school at Year 9. He expressed remorse to the probation service for his actions and asks for a second chance. He has never had any formal employment. At the time of the offending, he was staying with his uncle at Elise Fou together with his co-accused Kome. Since this offending, Riaz is now staying with his mother at Sogi.
6. Riaz is a first offender. His mother told the probation service that Riaz is her only child and he is a respectful, humble, and reliable person. The character testimonial from Riaz’s church minister shows him as a dependable person. Riaz has also completed the 6 weeks education program of the Alcohol and Drugs Court.
7. The aggravating features of this offending is that this was a joint assault by two drunken young men on the victim who was drunk and asleep. On the other hand, the assault was provoked by what the victim had said to Kome’s female cousin whose birthday they had been celebrating.
8. The mitigating features in relation to the accused as offenders are their previous good character, their expressions of remorse, their relatively young age, and their early guilty pleas. Both accused have also completed the 6 weeks education program of the Alcohol and Drugs Court. The sister of the accused Kome has also apologised to the victim.

In these circumstances, I have decided to impose terms of community supervision. Each of the accused is sentenced to 6 months community supervision and ordered to perform 20 hours community service.

CHIEF JUSTICE